Family Justice Council report: Channel 4 News asks "How competent are expert witnesses?

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STORY: "How competent are expert witnesses?" published by Channel 4 News on March 13, 2012.

SUB-HEADING: "Around 20 per cent of psychologists acting as expert witnesses for the family courts are not qualified, according to a Channel 4 News investigation broadcast tonight, writes producer Phil Carter."

GIST: "Channel 4 News spoke to families across the country involved in court proceedings and heard time and again concerns about the experts used by the courts to determine whether children are at risk and should be removed from their birth parents. But because of the secrecy of the family courts - designed to protect the identity of the children at the heart of proceedings - the experts used have largely been beyond scrutiny. This research is the first time these concerns have been to some degree independently substantiated. The research found serious concerns across a range of issues beyond the startling finding that around a fifth of so-called psychologist expert witnesses are not qualified. The assessments of the expert reports found that some 20 per cent of the psychologists were working beyond their area of knowledge; around a third had no experience of mental health assessments; and some 90 per cent of experts were not in current practice. The net result was that the research concluded that around 65 per cent of expert reports in the study were of either 'poor' or 'very poor' quality. Professor Ireland told Channel 4 News: "I think we were very concerned and perturbed by some of the reports that we read, not just in terms of qualification but also the quality of the reports that we read ...Prof Ireland and her team were given unprecedented access to psychologists' expert witness reports from three undisclosed courts across England by the FJC, an arm's length body of the Ministry of Justice. Experts play a critical role in family court cases: research suggests that at least one expert is used in 90 per cent of public law children's proceedings and many cases involve three or more experts...The findings are based on research published on Wednesday for the Family Justice Council (FJC). It was led by Professor Jane Ireland, a forensic psychologist at the University of Central Lancashire. Prof Ireland and her team were given unprecedented access to psychologists' expert witness reports from three undisclosed courts across England by the FJC, an arm's length body of the Ministry of Justice...Nigel Priestley, a lawyer closely involved in family proceedings, tolof the gravity of the research's findings. "After the death penalty the most draconian act that the state can do is remove a family's child," he said. "What is at stake for many carers is the loss of their children and on the basis of a report which might or indeed might not be questionable."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.channel4.com/news/how-competent-are-expert-witnesses

PUBLISHER'S NOTE:

I am monitoring the aftermath of the Family Justice Council report: Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Kerry Max Cook: (Texas); (2); He asks why his prosecutors are not facing an inquiry - in essay published by Grits For Breakfast:

STORY: Kerry Max Cook: "Rogue DA's don't deserve prosecutor of the year honours" published in Grits for Breakkast on March 13, 2012.

GIST: "What do Williamson County’s Ken Anderson and Smith County’s Jack Skeen share in common? Both were awarded "Prosecutor of the Year" by the County and District Attorneys section of the Texas State Bar. And both were later appointed to District Judgeships by Gov. Rick Perry. When a Tyler Judge in Smith County moved my case to Williamson County in 1992 for the first of what would become a series of retrials in the ‘90’s, then-District Attorney Jack Skeen sent me back to death row a second time. In fact, of all the things you can say Jack Skeen and Ken Anderson have in common, the one thing they don't is that Jack Skeen is not facing a Court of Inquiry and Ken Anderson is."

THE ENTIRE STORY CAN BE FOUND AT:

http://gritsforbreakfast.blogspot.com/2012/03/kerry-max-cook-rogue-das-dont-deserve.html

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Colin Matchim; Newfoundland. Extraordinary "shaken-baby syndrome" case. Released on bail post conviction - pre-sentence. VOCM.

STORY: "Matchim granted bail," reported by VOCM on March 16, 2012.

GIST: "Matchim was convicted of aggravated assault in May, after his infant daughter suffered injuries from being shaken. Citing new medical evidence that could change the outcome, his defense team has applied to have the case reopened. Matchim has already been in custody for 10 months, so the Crown has consented to his release..........The Crown is having medical professionals from the Sick Kids Hospital in Toronto review new evidence brought forward by the defense", and the case will be called in court again on April 24 to set a date to officially reopen it.

THE ENTIRE STORY CAN BE FOUND AT:

http://www.vocm.com/newsarticle.asp?mn=2&id=21625&latest=1

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Bulletin: Dr George Hibbert (UK); Psychiatrist who damned hundreds as 'unfit parents' faces probe by General Medical Council; The Daily Mail.

STORY: "The doctor who broke up families: Psychiatrist who damned hundreds as 'unfit parents' faces GMC (General Medical Council) probe," by reporter Katherine Faulkner, published on March 16, 2012 in The Daily Mail."

SUB-HEADINGS: "Dr. George Hibbert could be struck off over his conclusions that hundreds of patients had 'personality disorders'..."Millionaire is now being investigated over shocking suggestions he distorted the assessments to fit the view of social services."..."Lib Dem writes to Justice Secretary Ken Clarke demanding a full public inquiry."

GIST: "A leading psychiatrist faces extraordinary claims he deliberately misdiagnosed parents with mental disorders – decisions which meant their children were taken away from them. Dr George Hibbert faces being struck off over his conclusions that hundreds had ‘personality disorders’ after assessing them at his private family centre. He was paid hundreds of thousands of pounds by social services for the reports which tore children from their parents – many of them young mothers. He is now being investigated over shocking suggestions he distorted the assessments to fit the view of social services. In one case, he is alleged to have wrongly diagnosed a ‘caring’ new mother – named only as Miss A – with bipolar disorder because her local authority wanted the baby adopted. After being confronted with this allegation, Dr Hibbert offered to surrender his licence to practise as a doctor rather than face a General Medical Council inquiry. But his request has been rejected by the GMC which says there are still ‘unresolved concerns regarding his fitness to practise’. He will now face a full fitness to practise hearing. Yesterday John Hemming MP, who has raised concerns about Dr Hibbert in Parliament, described the claims as shocking...Earlier this week, a study for the Family Justice Council revealed how life-changing decisions about the care of children are routinely being made on the basis of flawed evidence. A fifth of ‘experts’ who advise the family courts are unqualified."

THE ENTIRE STORY CAN BE FOUND AT:

http://www.dailymail.co.uk/news/article-2116175/The-doctor-broke-families-Psychiatrist-damned-hundreds-unfit-parents-faces-GMC-probe.html

SEE RELATED CHANNEL 4 NEWS INVESTIGATION: HOW COMPETENT ARE EXPERT WITNESSES? AT:

http://www.channel4.com/news/how-competent-are-expert-witnesses

FOR A LINK TO THE REPORT BY PROFESSOR JANE IRELAND COMMISSIONED BY THE FAMILY JUSTICE COUNCIL), PLEASE GO TO:

http://researchingreform.wordpress.com/2012/03/14/how-competent-are-expert-witnesses-channel-4-investigates/

PUBLISHER'S NOTE:

I will be monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.

Kerry Max Cook: (1): Reporter who's investigation helped free him knocks incompetent cops, zealous prosecutors and junk science. daily Post; (Texas);

STORY: "Innocence Project," by David Hanners, published in the "TM Daily Post" on March 5, 2012.

GIST: David Hanners, a Pulitzer Prize-winning reporter for the Dallas Morning News, wrote more than forty stories about the Kerry Max Cook case, starting in 1988, and broke much of the news that is now used by Cook’s lawyers and supporters as evidence of his innocence.........

"I just don’t believe Kerry Max Cook killed Linda Jo Edwards. In discussing this case with others, I have often described it as Murphy’s Law personified; everything that could go wrong, did. The initial police investigation was hopelessly incompetent and relied on pseudo-science that was bad even for 1976.........I also wish to speak to the DNA evidence and the way the prosecution has handled it. I clearly remember David Dobbs, the prosecutor handling the retrials, telling me prior to the testing that they were excited about the prospects of a test because the semen sample “could only have been left by the killer.” Those were his exact words to me, and I remember him saying it as if it were yesterday. So then the sample is sent away for testing, the deal with Mr. Cook is offered and accepted—and then the results come back showing the semen belonged to someone other than Mr. Cook. Suddenly, the prosecution’s story changes. Now they say, “Well, of course it was somebody else. But Mr. Cook is still the killer.” 

THE ENTIRE STORY CAN BE FOUND AT:

http://tmdailypost.com/article/criminal-justice/innocence-project

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog;

Bulletin: Jeffrey Havard. One step closer to execution even though key witness changed her acccount and pathologist his opinion; Clarion-Ledger.

STORY: "Death row appeal rejected. Jeffrey Havard convicted of capital murder in baby's death," by reporter Jerry Mitchell, published on March 13, 2012, in the Clarion-Ledger.

GIST: "Justices last week rejected the 33-year-old inmate's appeal, writing, 'There is no merit to Havard's claim that newly discovered evidence exists that supports his innocence. This issue is procedurally barred by time'.........In looking through the records of the case, Havard's attorneys on appeal noticed a reference to a videotaped statement by Rebecca Britt. After repeated requests, they finally obtained the tape and believed her initial statement to authorities differed in tone and substance from the testimony she gave at trial. In her initial statement, she told authorities Havard "loved Chloe," that Havard changed her diapers and gave her bottles, and didn't seem surprised Havard gave her daughter a bath. But during the trial, she testified Havard never changed Chloe's diapers and never bathed the child. Havard's attorneys allege his trial counsel was ineffective because they failed to use the statement to challenge Rebecca's credibility.........At trial, pathologist Dr. Steven Hayne, who performed the autopsy, testified the death was a homicide, consistent with shaken baby syndrome, and that an anal contusion was "consistent with penetration of the rectum with an object. But Hayne has since acknowledged to Havard's attorneys the contusion was found in an area easily injured and a rectal thermometer like the one used in the emergency room to check Chloe's temperature could cause such a contusion but that he did not think it was likely. Hayne also said he could not exclude that possibility. Hayne found no anal tearing and said dilated anal sphincters also may be seen on people without significant brain function and that the contusion was not sufficient to determine a sexual assault occurred. A rape kit conducted at the time found no evidence of semen. At The Clarion-Ledger's request, world-renowned pathologist Dr. Michael Baden examined Hayne's autopsy report and photographs and concluded there was no evidence of sexual abuse - or even of a homicide. The injuries described at autopsy were consistent with "the baby being accidentally dropped and striking her head on the toilet tank as the father described," Baden said. The anal abrasion described in the autopsy can be the result of common causes, such as constipation, diarrhea, toilet paper or even rubbing against a diaper, he said."

PUBLISHER'S VIEW: I am following developments in this case as closely as I can because, as reporter Jerry Mitchell notes, "The state Supreme Court has unanimously denied an appeal from death row inmate Jeffrey Havard, moving him one step closer to execution." It is troubling that the Supreme Court seems more concerned about limitation periods than justice; It is troubling that the deceased baby's mother has drastically changed the evidence she gave in a pre-trial statement to make him appear guilty - and that this was only discovered by Mr. Havard's lawyers on appeal, in this shaken-baby syndrome case. It is troubling that Dr. Steven Hayne, the prosecution's pathologist, has repudiated his original opinion. Moreover, Dr. Michael Baden, who examined the case at the request of the Clarion Ledger has found neither sexual assault or homicide. This is a highly troubling case that has originated in a state which has experienced notorious miscarriages of justice in its criminal justice system. Fortunately there are other appeal possibilities before the irreparable sanction is carried out. Fortunately indeed.

Harold Levy; Publisher; The Charles Smith Blog.

THE ENTIRE STORY CAN BE FOUND AT:

http://www.clarionledger.com/article/20120314/NEWS/203140329

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog;

Bulletin: Brenda Waudby. Charles Smith case. Peterborough Examiner says no advances today in court battle to clear her name. No new date set;

NEWMARKET - The slow, winding legal road to clear Brenda Waudby's record made no advances in Newmarket court Friday morning.

STORY: "Slow process continues for Waudby," by reporter Galen Eagle, published on March 16, 2012, in the Peterborough Examiner.

GIST: "The slow, winding legal road to clear Brenda Waudby's record made no advances in Newmarket court Friday morning........ The parties are still pouring through case material and have not made as much progress as hoped, (Crown Attorney) Wheeler said in an email read in court.........Waudby is seeking to have a June 1999 child abuse conviction overturned. Waudby pleaded guilty to the charge days before the Crown dropped a charge of second-degree murder laid against her relating to the death of her daughter, 21-month-old Jenna Mellor. Jenna was killed in January 1997. Based on the erroneous work of pathologist Dr. Charles Smith, police initially charged Waudby with second-degree murder. Waudby's former babysitter was eventually charged with killing Jenna, pleading guilty to manslaughter."

PUBLISHER'S VIEW: Charles Smith's opinion that there were injuries which preceded the attack on Baby Jenna - which led to her being wrongfully charged with murder - was also the basis for a provincial provincial charge of child abuse. (Ms. Waudby contends that the only reason she pleaded guilty to the provincial offence was that the Crown refused to withdraw the murder charge - which expert evidence provided by both the defence and the prosecution showed she could not possibly have committed - unless she pleaded guilty to the provincial child abuse charge, of which she was also innocent.) Instead of receiving the sympathy and compassion she deserved as a grieving mother whose baby daughter had been murdered, Ms. Waudby, a grieving mother, was herself charged with the horrific crime of murdering her daughter (for which Baby Jenna's babysitter was ultimately convicted), and not surprisingly became a pariah in her community. Brenda Waudby has been given a raw deal by Ontario's criminal justice system. We can only hope that the Court will hurry up and finally and unequivocally clear her name;


THE ENTIRE STORY CAN BE FOUND AT:

http://www.thepeterboroughexaminer.com/ArticleDisplay.aspx?e=3503770

PUBLISHER'S NOTE:

I am monitoring this case. Keep your eye on the Charles Smith Blog for reports on developments.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog;